On May 2, 2023, the Pennsylvania House of Representatives approved House Bill No. 930, which intends to expand workers’ compensation of permanent disfigurement. KingSpry Attorney Taisha Tolliver-Duran is keeping abreast of this pending legislation and shares her analysis of potential impact, should HB 930 become law.
Protections for Pennsylvania Workers
In Pennsylvania, workers may be permanently scarred or disfigured on the job and denied access to workers’ compensation. Under current law, workers’ compensation coverage for permanent scarring or disfigurement incurred on the job is only provided in instances where said scarring or disfigurement is of the head, neck, or face.
Individuals who face scarring and/or disfigurement below the neck do not receive workers’ compensation in Pennsylvania. While bodily injuries may not be visible under certain circumstances, they do cause substantial physical and emotional distress, just as injuries above the neck.
Current Legislation
In 1915, the Pennsylvania Legislature enacted the Pennsylvania Workers’ Compensation Act (“the Act”). The Act covers the Commonwealth’s workers’ compensation system, which is central to aiding Pennsylvanians who have been injured on the job.
Prior to the proposal of HB 930, Representatives Jason Dawkins and Tim Brennan ascertained that oversight in the Act denied protections for some workers, despite their suffering related to permanent scarring or disfigurement incurred on the job.
Intent
In their proposal, Dawkins and Brennan express that HB 930 is important so that injured workers who are seriously or permanently disfigured remain eligible for workers’ compensation, regardless of the location of their disfigurement.
Amendment to the Workers’ Compensation Act
Should HB 930 become law, Section 306 of the Act will be amended to include workers’ compensation “for serious and permanent disfigurement of the body…,” rather than only the “head, neck or face.”
Additionally, HB 930 will extend existing workers’ compensation eligibility for permanent disfigurement from 275 weeks to 400 weeks. For clarification, HB 930 will include that claimants are able to collect both total or partial disability benefits and disfigurement benefits simultaneously, as “disfigurement benefits paid to the injured worker shall be made separate and apart from total or partial disability.”
What does the Future Hold?
Due to significant margins of support, as reflected by approval in a 112-88 vote, it is likely that HB 930 will be approved by the state Senate and become law. If so, HB 930 and its amendments to the Workers’ Compensation Act will take effect in sixty (60) days.
Employers and insurers should review their policies and procedures regarding workers’ compensation eligibility to ensure that they do not wrongly deny a qualified-employee of benefits.
If you have questions regarding Workers’ Compensation and/or the potential impact of House Bill No. 930, an attorney at KingSpry is prepared to assist you.
